United Nations Convention on the Law of the Sea as a framework for marine spatial planning

This chapter begins with a brief analysis of the maritime delimitation system of United Nations Convention on the Law of the Sea (UNCLOS) and continues with a discussion of the Convention in the light of protection and preservation of the marine environment. This analysis is followed by a discussion on the role and effectiveness of UNCLOS in implementing marine spatial planning, taking into account characteristics such as integration between sectors and transboundary cooperation discussed earlier in Chapter 1 of the book. The argument is that in order for an MSP to be effective in achieving these aims, the regulatory framework of MSP has to be seen in a broader light. Here, principles of international environment law, such as sustainability, precautionary principle and polluter pays principle come into the picture in complementing the framework of UNCLOS. Based on this discussion we evaluate whether a complementary legal framework for MSP would be required, de lege ferenda, in order to reach these aims.